Bandu Vithal Hingade v. Deepak Kishan Wathore And ANR

2024:BHC-AUG:25532 {1} ca3514-23.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3514 OF 2023 IN FIRST APPEAL STAMP NO.28308 OF 2018 Bandu Vithal Hingade APPLICANT

VERSUS

Deepak Kishan Wathore and Another RESPONDENTS .......

Mr. Ashutosh Kulkarni h/f Mr. S.H. Panchal, Advocate for applicant Mrs. Anagha V. Rotte, Advocate for respondent No.2 .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 18 th OCTOBER, 2024 ORDER :

1.

This is an application for condonation of 469 days' delay caused in filing the appeal.

2.

Learned advocate for respondent No.2 - Insurer has strenuously opposed the application contending that first appeal was filed in the year 2018 and the delay condonation application is filed belatedly in the year 2023 and the delay is not satisfactorily explained. Hence, the same is not liable to be condoned.

3.

For the reasons stated in the application, the application is allowed. For the present, delay of 469 days' is condoned, on the

{2} ca3514-23.doc condition that the applicant - claimant shall not be entitled for interest if the amount of compensation is enhanced by this Court, for the period of delay.

4.

Contentions of the Insurer about delay for the period between 2018 to 2023 are kept open to be considered at the time of final hearing of the first appeal.

[NITIN B. SURYAWANSHI] JUDGE drp/ca3514-23.doc